Restrictive Covenants on property

[shaunbhoy]

It depends on if the land is freehold or leasehold.

If it leasehold, covenants will probably have to be adhered to. If it’s freehold it is highly unlikely that it is enforceable. He will need to apply to the Land Registry tand get copies of all documents on their file.

The plot is freehold. He has already received a copy of the Covenant details from the Land Registry. That is where he got all the info on what the covenants are.
If there is no way of enforcing them, they all seem a bit pointless.

[AtW]

So moral of the story is - don't bring a covenant to a legal fight ...

[MarillionFan]

The plot is freehold. He has already received a copy of the Covenant details from the Land Registry. That is where he got all the info on what the covenants are.
If there is no way of enforcing them, they all seem a bit pointless.

They are enforcable. I refer my learned colleague to the solicitors advice I gave some moments ago. http://forums.contractoruk.com/gener...ml#post1467720

BTW. I want £250 back for that advice.

[OwlHoot]

It depends on if the land is freehold or leasehold.

If it leasehold, covenants will probably have to be adhered to. If it’s freehold it is highly unlikely that it is enforceable. He will need to apply to the Land Registry tand get copies of all documents on their file.

I think a freehold covenant is only enforceable while the covenantor or their heirs continue some local association, for example by owning a neighbouring freehold. If they sell up, the covenant lapses. But that won't apply to a Crown or Church covenant. Also, I'm not sure if it is a legal principle or just the obvious fact that in practice there will no longer be anybody to note a breach of the covenant or to have any interest in enforcing it even if it is brought to their attention.

[Paddy]

The plot is freehold. He has already received a copy of the Covenant details from the Land Registry. That is where he got all the info on what the covenants are.
If there is no way of enforcing them, they all seem a bit pointless.

A Solicitor and RICS surveyor has advised that such covenants are unenforceable and I understand that it is possible to get the LR to remove them if one is concerned.

From my point of view, if someone is objecting, you need to see if they have grounds to do so. Ie, by braking the covenants, will it harm them.? I guess highly unlikely. If it was me, I would write a very strong letter to the complainant saying that if their demands are unreasonable and if they don’t shut up they will be liable to pay costs and damages.

[Paddy]

Option 1. Get a solicitor
Option 2. Send the boys round

HTH

If you get a solicitor you will have another problem ie: the solicitor. Costs for litigation about land will easily run up to £30k before going to court.

Your are better of phoning the LR, and reading some books on the subject. If necessary employ a RICS surveyor who can also write letters and act in Court on your behalf.

[shaunbhoy]

I think a freehold covenant is only enforceable while the covenantor or their heirs continue some local association, for example by owning a neighbouring freehold. If they sell up, the covenant lapses.

The way it is worded is

"For the benefit and protection of the adjoining land retained by the vendors known as XXX XXXXXXX XXXXXXXXXX aforesaid the purchaser hereby covenants with the vendor that the purchaser and its successors in title will etc."

That implies to me that all and any owners of this plot (the neighbours) are bound by the restrictions, and that the protection is afforded to the adjoining plot (My Friend's house) rather than the owners of that plot per se.
My understanding is that these covenants are principally put in place to protect the land rather than the owners. Otherwise unscrupulous developers could simply get round them all by buying the affected property for the duration of their own work, and granting their own permissions.

[MarillionFan]

Take no notice of me. I've just paid £300 for insurance safe in the knowledge that I'm covered from all of the costs & nonsense above.

[AtW]

Take no notice of me. I've just paid £300 for insurance safe in the knowledge that I'm covered from all of the costs & nonsense above.

You'll only know what exactly you got covered when you make a claim - you did not buy insurance, you just bought right to make a claim: it only becomes insurance when you get paid by them.

[Support Monkey]

Go round and have a chat with the neighbour and see if he can discuss the situation, keep it civil and polite, put his point across and let them put theirs across and hopefully they can come to some compromise its by far the best option,

Everyone jumps into the get a solicitor take em to court mode when the reality is most neighbour disputes arise through a lack of communication.

I had this very situation with my neighbour and there are various covenents on the deeds to both our properties, i went down the solicitor route and there was nothing i could do, i even put it up for sale even though i did not want to move, they had the hump with me and me with them then one day he walked past my drive when i was washing my car and we both let rip at each other, cleared the air, we will never be best buddies but he now tells me if he is doing somthing that may effect me and vise versa